Six potential jurors excused in obscenity trial

By Jimmy LaRoue

Published: August 12, 2008

STAUNTON—Six people have already been excused from serving in a high-profile Staunton obscenity case that has attracted some heavy-hitting lawyers.

Just nine of the 35 potential jurors had been individually questioned by Staunton Circuit Court Judge Thomas H. Wood and attorneys for the prosecution and defense in the trail against Rick Krial—owner of After Hour Videos.

Wood told jurors that they would have to decide whether two particular videos sold at the store were obscene by community standards.

“I feel it would have been more than distasteful for me,“ said one prospective female juror. “I’m Christian and I don’t want to subject myself to such things.“

Krial faces numerous misdemeanor and felony obscenity charges. The trial, scheduled to last four days, will cover the misdemeanor charges against Krial, his company and Tinsley W. Embrey, an employee at the Springhill Road video store.

Paul Cambria of Buffalo, N.Y., and Louis Sirkin, of Cincinnati—both well-known First Amendment lawyers—were present to question the jury pool. Sirkin is representing Embrey and Cambria will represent Krial.

Because of Virginia laws and enhanced penalties for subsequent offenses, if Krial is found guilty of the misdemeanor charges, Virginia can then proceed to felony charges.